26832. Misbranding of  cream of tartar,  black pepper, and  paprika.    U.  S.  v.
Michael Temkin   (reason Products  Go.).     Plea of guilty.     Fine, $50.
(F. & D. no. 36075.    Sample nos. 32547-B, 32548-B, 32549-B.)
These products were short in weight.
On February 4, 1936, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, tiled in the district 
court an information against Michael Temkin, trading as the Temson Products 
Co., Chicago, Ill., alleging shipment by said defendant in violation of the Food 
and Drugs Act as amended, on or about February 1, May 1, and July 11, 1935, 
from the State of Illinois into the State of Missouri of quantities of cream of 
tartar, black pepper, and paprika that were misbranded. The articles were 
labeled in part: (Can) "Very Best Brand * * * Cream Tartar 8 ozs. [or 
"Black Pepper * * * Net Weight 3 Ounces" or "Paprika * * * Net 
Weight 2% Ounces"] Benaco Products Chicago, Ill."
The articles were alleged to be misbranded in that the statements, "3 Ozs." 
with respect to the cream of tartar, "Net Weight 3 Ounces" with respect to the 
black pepper, and "Net Weight 2% Ounces" with respect to the paprika, borne 
on the can labels, were false and misleading and in that the articles were labeled 
as aforesaid so as to deceive and mislead the purchaser, since the cans con- 
tained less than declared. Misbranding was alleged for the further reason that 
the articles were foods in package form and the quantity of the contents was
not plainly and conspicuously marked on the outside of the packages since the 
statements made were incorrect.
On January 4, 1937, the defendant entered a plea of guilty and the court im- 
posed a fine of $50.
W. R GREGG, Acting Secretary of Agriculture.